AI Index: AFR 64/013/2005 Amnesty International December 2005 Contents 1. Introduction: basic human rights denied .......................................................... 1 Fears of new armed conflict with Ethiopia ....................................................................... 2 2. Religions in Eritrea – background to arrests .................................................... 3 3. Persecution of Jehovah's Witnesses ................................................................... 7 4. Crackdown on evangelical churches .................................................................. 8 5. Cases of arrests of religious prisoners of conscience, 2003-2005 ................... 10 6. Detention of Muslims ......................................................................................... 14 7. National military service and religion .............................................................. 15 Militarization of education.............................................................................................. 16 No right to conscientious objection ................................................................................ 17 Military conscripts detained on account of their religion ............................................... 17 8. Torture and ill-treatment of religious prisoners of conscience ...................... 18 9. Political prisoners and denial of the right to freedom of opinion .................. 19 Releases of prisoners of conscience................................................................................ 22 10. Constitutional rights violated............................................................................ 23 11. International standards violated on the right to religious freedom .............. 23 Government’s dismissal of international criticism ......................................................... 27 12. Refugees fleeing from religious persecution .................................................... 28 13. Amnesty International’s recommendations .................................................... 29 13.1 Religious freedom ............................................................................................ 29 13.2 The administration of justice and the rule of law ............................................ 30 Torture and other ill-treatment ........................................................................................ 30 Arbitrary and unlawful detention .................................................................................... 30 The right to fair trial........................................................................................................ 31 Incommunicado or secret detention ................................................................................ 31 Human rights observance................................................................................................ 32 13.3 Recommendations to the international community ......................................... 32
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Contents · Religions in Eritrea – background to arrests Eritrea has a highly religious population, with some 98% of its 3.7 million people belonging to a long-established branch
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AI Index: AFR 64/013/2005 Amnesty International December 2005
Contents
1. Introduction: basic human rights denied .......................................................... 1 Fears of new armed conflict with Ethiopia ....................................................................... 2
2. Religions in Eritrea – background to arrests .................................................... 3
3. Persecution of Jehovah's Witnesses ................................................................... 7
4. Crackdown on evangelical churches .................................................................. 8
5. Cases of arrests of religious prisoners of conscience, 2003-2005 ................... 10
6. Detention of Muslims ......................................................................................... 14
7. National military service and religion .............................................................. 15 Militarization of education.............................................................................................. 16 No right to conscientious objection ................................................................................ 17 Military conscripts detained on account of their religion ............................................... 17
8. Torture and ill-treatment of religious prisoners of conscience ...................... 18
9. Political prisoners and denial of the right to freedom of opinion .................. 19 Releases of prisoners of conscience ................................................................................ 22
10. Constitutional rights violated ............................................................................ 23
11. International standards violated on the right to religious freedom .............. 23 Government’s dismissal of international criticism ......................................................... 27
12. Refugees fleeing from religious persecution .................................................... 28
13.1 Religious freedom ............................................................................................ 29
13.2 The administration of justice and the rule of law ............................................ 30 Torture and other ill-treatment ........................................................................................ 30 Arbitrary and unlawful detention .................................................................................... 30 The right to fair trial........................................................................................................ 31 Incommunicado or secret detention ................................................................................ 31 Human rights observance................................................................................................ 32
13.3 Recommendations to the international community ......................................... 32
2 ERITREA: Religious Persecutions
AI Index: AFR 64/013/2005 Amnesty International December 2005
AI Index: AFR 64/013/2005 Amnesty International December 2005
ERITREA Religious Persecution
1. Introduction: basic human rights denied Amnesty International has received disturbing reports of increasing violations in Eritrea of the
right to freedom of religion, belief and conscience. While Jehovah’s Witnesses have been
subjected to severe persecution for the past decade on account of their religious beliefs, this
report focuses on widespread detentions and other human rights violations of members of
evangelical Christian churches in the past three years, intensifying in 2005. Since 2002, their
churches have been shut down by the government and many members have been tortured in
an attempt to force them to stop worshipping and to thereby abandon their faith. Members of
new groups within the officially-permitted Orthodox Church and Islam have also been
detained on account of their beliefs.
At least 26 pastors and priests, and over 1,750 church members, including children
and 175 women, and some dozens of Muslims, are detained because of their religious beliefs.
Amnesty International considers them to be prisoners of conscience.
Amnesty International is appealing to President Issayas Afewerki and the Eritrean
government to end the government’s policy of repression of religious belief and freedom of
conscience, opinion and expression in general. Amnesty International calls on the
international community to strengthen efforts to obtain and secure protection of religious
freedom and basic human rights in Eritrea.
Human rights in Eritrea are systematically violated by President Issayas Afewerki’s
government, which has been in power since the country’s independence from Ethiopia in
1991 after a 30-year liberation war.1 The detentions of individuals solely because of their
religious beliefs is part of the general denial of the rights to freedom of expression and
association in Eritrea, as well as other grave violations of basic human rights. These violations
of the right to freedom of thought, conscience and religion are contrary to international law,
as well as the Constitution of Eritrea (1997).
Torture has routinely been used as a punishment for critics of the government and
members of minority faiths, as well as for offences committed by military conscripts.
Arbitrary incommunicado detention “without charge or trial” is widespread and long-lasting -
several prisoners of conscience have been held thus for over a decade - with many detainees
are held in secret and their whereabouts not known.
Violations of the right to freedom of religion in Eritrea are indirectly linked to a far-
reaching pattern of violations of the right to expression of non-violent political opinions and
the right to association. Religious prisoners of conscience who have no connection with
political opposition groups are subjected to the same torture, cruel, inhuman and degrading
treatment and punishment, and the same arbitrary and incommunicado detention, as prisoners
of conscience detained on account of their political opinions.
Any expression or suspicion of criticism of the government - impossible to express
openly and publicly - is met with threats, arbitrary arrest and sometimes “disappearances”,
and indefinite, incommunicado detention, without any judicial oversight, and with a high risk
1 Eritrea attained de facto independence in 1991, and formally recognised independence in 1993 after a
UN-supervised referendum.
2 ERITREA: Religious Persecutions
AI Index: AFR 64/013/2005 Amnesty International December 2005
of torture. The only permitted political party is President Issayas Afewerki’s People’s Front
for Democracy and Justice (PFDJ), formerly the Eritrean People’s Liberation Front (EPLF),
which won the independence war and formed the new government.
The rule of law in Eritrea is severely undermined by the lack of an effective or
independent judiciary. Lawyers do not dare to challenge the government in the courts. A
Special Court sentences people for corruption without the right to defence or appeal. A secret
security committee sentences some political and religious prisoners to prison terms without
defence representation or appeal. Organizations who might potentially monitor human rights
and press for remedies for human rights violations do not and cannot function inside Eritrea
on account of the comprehensive denial of the right to freedom of expression of opinion.
Human rights violations by members of the security forces are committed with total
impunity.2
Non-government organisations (NGOs) are heavily restricted. International human
rights organisations such as Amnesty International are denied entry. International
humanitarian agencies and non-governmental organizations (NGOs) are restricted in their
activities and travel, and the official US development agency, US-Agency for International
Development, a major bilateral donor, was ordered to leave Eritrea in November 2005
without explanation. Under a new Proclamation in 20053, international NGOs, including
faith-based agencies - of which only 14 are currently registered4 - are limited to relief and
rehabilitation activities and not permitted to work independently of the government with local
communities.
Two thirds of the population are dependent on international emergency food aid since
the 1998-2000 armed conflict with Ethiopia. This includes returnee refugees from Sudan and
70,000 internally displaced persons (IDP)5camp. Many donor governments have withdrawn
development assistance on account of the government’s failures in democratization and
human rights.
Fears of new armed conflict with Ethiopia
There are rising fears in the international community (as of late November 2005) that armed
conflict may break out again between Eritrea and Ethiopia. The UN Security Council has
called on Ethiopia to implement its acceptance in principle of the International Boundary
Commission’s judgment regarding the border areas, particularly its allocation to Eritrea of
Badme town, the flashpoint of war in 1998. Ethiopia refuses to allow border demarcation to
2 For further details of Amnesty International’s concerns and general recommendations about human
rights violations in Eritrea, see “Eritrea: ‘You have no right to ask’ - Government resists scrutiny on
human rights”, Amnesty International, May 2004 (AI Index: AFR 64/003/2004); “Eritrea: Arbitrary
detentions of government critics and journalists”, Amnesty International, September 2002 (AI Index:
AFR 64/008/2002); and numerous Urgent Action appeals and other articles, which are available on
www.amnesty.org. 3 Proclamation No.145/2005 of 11 May 2005 “to determine the administration of non-governmental
organisations” requires NGOs to submit quarterly progress reports and audited annual financial reports,
pay taxes on all imported goods including food aid, deposit substantial funds (which many do not have)
in an Eritrean bank – US$1 million for local NGOs (who must immediately declare publicly and
officially inform the Ministry of any donations received) and US$2 million for foreign NGOs. 4These include Oxfam (Great Britain), Catholic Relief Services, Lutheran World Federation, ACCORD,
Africare, Norwegian Church Aid, International Rescue Committee, Concern Worldwide, Mercy Corps
and Japan Emergency NGO. 5 UN Consolidated Appeals Process, 2005.
Inter-faith relations in Eritrea since independence have generally been good, with a
history of tolerance between Christians and Muslims at both the national official level and in
local communities. Christian and Muslim holidays are officially celebrated throughout Eritrea.
There is, however, some social intolerance from members of the main churches toward the
Jehovah’s Witnesses and evangelical churches. Faith relations have also been affected by the
political orientations of the Eritrean independence war, and the conflict between the Marxist -
Leninist Eritrean People’s Liberation Front (EPLF), which formed the independence
government, and the Muslim - oriented Eritrean Liberation Front (ELF) and other linked
groups, to whom the EPLF offered no reconciliation at independence. The post-independence
exile opposition coalition contains Islamist groups, and consequently the government has
frequently suspected Muslims in Eritrea of links with Sudan-based armed opposition groups.
Under Ethiopian rule before independence, all religions were heavily restricted by the
marxist-leninist Dergue military government. In Ethiopia in 1979 the Patriarch of the
Orthodox Church, Abune Tewoflos, and the Reverend Gudina Tumsa, head of the Ethiopian
Evangelical Mekane Yesus Church, “disappeared” from detention and were extra-judicially
executed by government agents. Members of Dergue detained in 1991 are currently still on
trial in Addis Ababa for these and other crimes. In the 1980s there was also a fierce campaign
of religious persecution against religious groups with perceived “imperialist” connections,
such as US-connected evangelical and Baptist churches and the Beta Israel religion, also
known as Ethiopian Jews or Falashas, as well as discrimination against Muslims.
The EPLF, while it was fighting the Ethiopian government for Eritrean independence,
tolerated the main faiths but not the minority religions, and religious persecution was
reportedly sometimes an issue.
After independence, the EPLF government recognized the main four religions in state
functions. Jehovah’s Witnesses became a target of active repression in 1994, as a result of
their opposition to military service when it was introduced, and their non-participation in the
1993 independence referendum.
In 1995 restrictions were placed on all faiths by Proclamation Religious
Organizations no.73/1995, which prohibited them from receiving international funds or
engaging in political activities. Religious organizations were required to register with the
authorities and provide details of their membership and assets, including foreign contacts and
foreign funding. The four main religions were quickly registered but registration of minority
religious groups was postponed. Since then, there has been a rapid growth of evangelical
churches in Eritrea. This has often been a source of tension between them and the three main
ERITREA: Religious Persecution 7
Amnesty International December 2005 AI Index: AFR 64/013/2005
Christian churches, which were losing members to them. They had different doctrines, forms
of worship and weddings, and “fellowship” for prayer and study. They often proselytized
(sought converts) or expressed their faith in new, “charismatic” ways in public places, which
attracted some disapproval from members of the main religious groups - Orthodox, Catholic,
Lutheran and Islam.
3. Persecution of Jehovah's Witnesses In October 1994, President Issayas Afewerki issued a directive which effectively denied all
members of the Jehovah’s Witness religion their basic civil, political, economic and social
rights. His order expelled them from government employment and accommodation; denied
them access to government services, including schools and hospitals; and refused them the
official identity cards, essential for daily life and administrative procedures, such as obtaining
business permits, buying land and property, registering births, marriages and deaths for legal
purposes, applying for internal travel permits, exit visas, passports, etcetera.7
On 24 September 1994 when conscription started, several Jehovah’s Witnesses who
were called up for national service refused for reasons of their faith to undergo military
training, although they did not reject non-military service.8 Three were immediately arrested
and are still detained in Sawa military base eleven years later – Paulos Eyassu, Negede
Teklemariam and Isaac Mogos, now aged in their 30s.
In March 1995 the Minister of Internal Affairs confirmed and reiterated the ban: "The
Jehovah’s Witnesses lost their right to citizenship because they refused to accept the
Government of Eritrea and the laws." He accused them of not fighting in the liberation
struggle, refusing to vote in the independence referendum and refusing to do national service.
He said, "They will not have rights equivalent to any other citizens”. 9
Jehovah’s Witnesses continued to refuse national military service and were routinely
imprisoned. They also refused to renounce their faith or stop worshipping clandestinely in
homes instead of their “Kingdom Halls”, which were closed down by the authorities. After
some years, the government appeared to be informally tolerating worship in members' homes,
perhaps in an attempt to counter the unfavourable international publicity at this persecutory
measure against a whole religious community. Nevertheless, the official position remained
unchanged, and arrests continued. Many have been detained for refusing military service
About 250 Jehovah’s Witnesses’ families have fled the country and sought asylum abroad;
about 100 have been dismissed from government employment; and at least 36 families have
been evicted from their homes.
There were more arrests after the 2002 ban on minority churches, when the Head of
the President’s office, denying any religious persecution against them, said: "…. the problems
7 This order, although not officially published, was confirmed in further speeches and actions by the
authorities. 8 According to Jehovah’s Witnesses’ representatives, the refusal to bear arms is a central principle of
their religion throughout the world, for which they have been and still are persecuted in many countries.
This principle derives from a central requirement of members to "render unto Caesar [i.e. a government]
what is Caesar's, and to God what is God's". They do not engage in politics and do not refuse civic
duties unrelated to the military and war.
9 BBC Summary of World Broadcasts, 4 March 1995, quoting the official Voice of the Broad Masses
of Eritrea in the Tigrinya language.
8 ERITREA: Religious Persecutions
AI Index: AFR 64/013/2005 Amnesty International December 2005
were with the Jehovah’s Witnesses early on, because they said they didn't recognize the
temporary government, they refused to vote yes or no or to take part in the political process
here during the referendum. Their number is very small, they publicly said they don’t
recognize the temporary government and the government’s response was, okay, if they do not
recognize the temporary government, the government will also not recognize them…".10
At present, a total of 22 Jehovah’s Witnesses are in prison. Nine who are imprisoned
in Sawa army camp – including Paulos Eyassu, Negede Teklemariam and Isaac Mogos, who
have been held there incommunicado since 1994 - are conscientious objectors, although the
government does not recognize this status. Ten Jehovah’s Witnesses are detained in Mai
Serwa, Wia or Sawa army camps, most for attending a religious meeting or preaching. Three
others are held in the civilian Sembel prison in Asmara, at least two of them after reportedly
being secretly sentenced to prison terms through an extra-judicial procedure. Tekle Tesfay
and Fesseha Gebrezadik, who are in Sembel prison, were reportedly given five and four year
prison terms respectively in mid - 2005 for “teaching religion” – which is not an offence in
the Penal Code. These sentences were imposed in absentia by a secret security committee,
and the detainees were denied the right to present a legal defence or be legally represented, or
the right to appeal to a court. Such a procedure violates international fair trial standards as
well as Eritrea’s own Constitution and laws.
4. Crackdown on evangelical churches
In May 2002, two years after the armed conflict with Ethiopia ended, the government
suddenly ordered all unregistered religions to close their places of worship and stop practising
their faith until they were registered. They had to apply for registration with the Department
for Religious Affairs in the Office of the President in accordance with the 1995 Proclamation
on Religious Organizations, whose full implementation had been delayed. Full details were
demanded of each organization’s doctrines, its history in the country, its leaders and members,
assets and funds, services provided and publications. Four minority religious groups
submitted the required details but have received no response. Others were reluctant to provide
information which could expose their members to reprisals. The evangelical churches and
Jehovah’s Witnesses continued to gather in private for "home-worshipping" and for some
months the authorities appeared to tolerate this.
In early 2003 arrests of members of minority religious groups began, without any
explanation, and have continued up to now, intensifying in 2005. Without having formally
rejected any applications for registration, the government does not permit the practise of faith
and worship by the minority religious groups. There is no law in the penal code criminalizing
religious practice but justifications advanced by the authorities appear to derive from a
general ban on unauthorized gatherings of more than five persons. Detention of church
members has been arbitrary and unlawful, with no arrest warrants, charges or due judicial
process or remedy, as are required by the Constitution and laws.
Amnesty International considers that all the men, women and children detained on
account of their religious beliefs are prisoners of conscience, who have not used or advocated
violence.
In the first few months of 2003, the authorities began a crackdown on the minority
churches. Police and soldiers broke into religious services in private homes, and confiscated
10
Interview with Yemane Gebremeskal, IRIN (UN) News Agency, 1 April 2004.
ERITREA: Religious Persecution 9
Amnesty International December 2005 AI Index: AFR 64/013/2005
religious materials and musical instruments and cassettes. They arrested men, women and
children, sometimes beating church members on the spot, detaining them without court warrants or charges. They held them first in police stations, later transferring them to security
prisons or military detention centres, where detainees were tortured and detained
incommunicado for indefinite periods. They were arrested without court warrants or charges.
As in other actions by the authorities related to national service, any who were found to be
evading national service were drafted into the army and usually subjected to military
punishment too. Many who had completed national military service were re - conscripted.11
The detainees were usually pressured under torture or ill-treatment, with the threat of
indefinite detention, to sign a document agreeing to certain conditions of release, such as not
to attend religious meetings. Some were reportedly forced to recant their faith and agree to
rejoin the Orthodox Church. Parents of children who were arrested were often made to
deposit sureties (bonds) which would be forfeited if the conditions were broken. Most
detainees refused to agree to the conditions of release, regarding them as a demand to deny
and abandon their faith, since worship in fellowship is fundamental to their faith. When they
refused to provide the promise or bond, the detainees were kept in prison for an indefinite
period and often subjected to further ill-treatment.
The arrests increased in late 2003, and have continued up to the present time. Police
singled out religious weddings in homes as occasions to round up believers.
None of these religious groups have attempted to function openly. Their premises
remain closed and several buildings have been confiscated by the authorities. They practise
their faith clandestinely (even in the army) and appear to be attracting more adherents, despite
the risks.
The three officially recognized Christian churches were not subject to repression of
this nature by the authorities and made no public criticisms of these measures against the
minority religious groups. However, several Lutherans who shared worship with evangelical
church members have been detained on occasion, and three Orthodox Church priests linked to
the Medhane Alem movement are currently detained. The ordained leader of the Episcopal
Church in Asmara, whose congregation includes foreign diplomats as well as a growing
number of young Eritreans, was forced to depart home to India in October 2005 at 11 days’
notice, as the government refused to renew his work permit, and reportedly will no longer
allow foreigners to conduct church services.
In August 2005 the Patriarch of the Eritrean Orthodox Church, Abune Antonios, was
reported to have been stripped of his administrative functions by the government restricted in
his movements and placed under virtual house arrest. He is reported to have favoured reform
within the church, called for the release of the detained Orthodox priests, and opposed
government interference in church affairs. The government denies that it has dismissed him.
His special adviser, Yitbarek Berhe, is reported to have been detained at about the same time.
Amnesty International has learnt of certain religious prisoners being given secret
prison sentences by security committees without any form of trial, defence representation or
appeal, and being transferred to normal prisons to serve these prison terms.
The reason for the ongoing crackdown on minority religious groups was never given
by the government but it appeared to be partly linked to government action against young
people trying to avoid military conscription, although none of evangelical churches opposed
military service. It also reflected the government’s general repression and intolerance of
11
See section 7 below on national military service.
10 ERITREA: Religious Persecutions
AI Index: AFR 64/013/2005 Amnesty International December 2005
freedom of opinion and association. The government appeared to be punishing any kind of
expression of dissent, religious or political. It brushed aside criticisms of breaching
fundamental human rights standards.
5. Cases of arrests of religious prisoners of conscience, 2003-2005 The following are 44 incidents of religious persecution which have been documented over the
past three years and are mainly the consequence of the government’s ban in 2002 on the
minority religious groups. Those arrested were mostly from the evangelical churches but
included Jehovah’s Witnesses, several Lutherans and some individuals of Catholic
background, three priests and several members of the Orthodox Church, and dozens of
Muslims.
The sources of information for these arrests, numbering over 1,750 men, women and
children altogether during this period, include international religious organizations monitoring
the arrests and Eritrean diaspora faith groups, as well as Amnesty International’s own
sources.12
Undoubtedly there have been many more cases not reported. Amnesty International
has cross-checked and carefully scrutinized as far as possible for accuracy the details of the
arrests described in this report. Most of those arrested, especially in 2005, are believed to be
still detained, although details of detentions and releases are not disclosed by the government
and are difficult to obtain, since prisoners are kept incommunicado and there is no access for
independent monitoring organizations to police stations, and security or military prisons.
Amnesty International has not been allowed entry to the country since 1999.
2003
▪ On 16 April, 164 Jehovah’s Witnesses in Asmara were arrested at a private religious celebration.
Some children were released the following day. The rest of the children and some non-Witnesses who
were in attendance at the event were released after three days, 65 adults after eight days, and the
remainder after about a month.
▪ In August, 57 school students, including several girls, were arrested during a compulsory work camp
placement at Sawa army camp13
on account of possessing bibles in the Tigrinya language, although this
is not prohibited. Six were held in underground cells in Sawa and the others in metal shipping
containers in sweltering conditions, given very little food and no medical care. They were allegedly
tortured or ill-treated to abandon their faith and re-join the Orthodox Church. 51 were released after a
few weeks but six suspected to be the leaders were detained longer.
▪ On 7 September, 12 Christians, including members of the Dubre Bethel Church in Asmara, were
arrested at a prayer meeting in a private house and taken to the 5th police station. They were released
uncharged after some days.
▪ On 23 November, eight members of the Kale Hiwot Church were arrested in Mendefera, including
Pastor Iyob. They were denied food for some days, reportedly to pressure them to abandon their faith.
12
For example, Compass Direct (www.compassdirect.org), Christian Solidarity Worldwide
(www.csw.org), the Office of Public Information of Jehovah’s Witnesses (www.jw-media.org) and
Hundreds of national service conscripts belonging to minority churches have been
detained on different occasions and in different places on account of their faith, although
details have been difficult to obtain, due to restricted access to military premises.
8. Torture and ill-treatment of religious prisoners of conscience Amnesty International has frequently reported the use of torture in Eritrea as a punishment for
political dissent and military offences, and as a means of interrogation.17
It has been used
against religious prisoners of conscience too, as punishment for practising their religion
before being arrested or while in prison. In prison they are routinely prohibited any form of
religious activity or discussion, bibles or religious materials, insulted and subjected to public
humiliation. They are also commonly tortured or threatened to try to make them sign a
statement agreeing to stop their religious worship and abandon their religion as a condition of
release.
Typically, prisoners are tied up for several hours, once or repeatedly, in a position
commonly known as “helicopter” (see sketch below, drawn by a torture survivor who is now
a refugee) or in other positions. Prisoners are also beaten by teams of soldiers, or kept in
solitary confinement in special underground punishment cells.
Conditions of detention often amount to cruel, inhuman or degrading treatment or
punishment. Metal shipping containers of the kind depicted in the photo below are used for
religious as well as political prisoners, for example at Sawa army camp, Mai Serwa, Adi
Abeto, Nakura prison on the Dahlak Kebir island, and many other army camps. They are
usually overcrowded, suffocatingly hot in the day and cold at night. Prisoners are only
allowed out for very short periods for toilet purposes, and
water is rarely available for washing. Children are held with
adults, and there are no special detention facilities for women,
in contravention of international standards. Conditions in Wia
and Gelalo army camps in eastern Eritrea are particularly harsh
on account of the high desert temperatures.
For all prisoners, food is extremely poor and meagre.
Many prisoners are ill but medical treatment is virtually non-
existent. Prisoners falling seriously ill have been eventually
admitted to hospital but swiftly returned to prison after
treatment.
Several prisoners are said to have died on account of
torture or denied of medical treatment. Pastor Ogbamichael
Haimanot of the Kale Hiwot Church, who was arrested in
January 2005 in Barentu, reportedly became mentally ill in
Sawa army camp as a result of severe ill-treatment and denial
of medical treatment – he was released in October 2005.
Over 150 of political prisoners, including many named in this report, are detained
incommunicado in a security prison in Asmara known as Karchele, adjacent to the 2nd
police
17
Eritrea: “You have no right to ask” – Government resists scrutiny on human rights, Amnesty
International, May 2004 (AI Index: AFR 64/003/2004.
ERITREA: Religious Persecution 19
Amnesty International December 2005 AI Index: AFR 64/013/2005
station. Conditions there are particularly harsh. Some longer-term religious prisoners are held
there incommunicado. Other detainees are held in a special security section of the 6th police
station in Asmara. Many of the religious prisoners arrested in Asmara in 2004-2005 were
taken first to the 5th police station, and then on to army custody, first in Adi Abeto, near
Asmara, then to Mai Serwa, Sawa, Wia or Gelalo army camps.
“Helicopter” torture method
“Torch” or “Helicopter” torture method
9. Political prisoners and denial of the right to freedom of opinion In addition to the religious prisoners described in this report, there are possibly thousands of
prisoners of conscience in Eritrea who are imprisoned on account of their peaceful political
opinions, as well as other political prisoners. The prisoners of conscience include 11 former
government ministers who were members of parliament and former EPLF leaders. They have
been detained since September 2001 in a crackdown targeting people openly calling for
democratic reforms and for the President’s resignation after the 1998-2000 war with Ethiopia.
There have been continual fears for their safety as their whereabouts and conditions have not
been disclosed by the government. They were publicly accused of treason but never charged.
They include Haile Woldetensae, former Foreign Minister, Petros Solomon, former EPLF
security head and later Foreign Minister, and Mahmoud Ahmed Sheriffo, former Vice-
view, or social or economic status or any other improper factors”.
Limitations are set on fundamental rights and freedoms “in the interests of national
security, public safety or the economic well-being of the country, health or morals, for the
prevention of public order or crime or for the protection of the rights and freedoms of others”
(Article 16.1). However, laws providing such limitations must be “consistent with the
principles of democracy and justice” and must in any case not limit the right to freedom of
thought, conscience and belief as set out in Article 19.1 above. Any such law shall be “null
and void” (Article 18.1). Any citizen claiming violation of a fundamental right guaranteed by
the Constitution “may petition a competent court for redress” (Article 28.2).
In practice, the constitutional guarantees of the right to freedom of opinion and of
religious belief are not implemented. Violations are systematically perpetrated by the
authorities with impunity and without any possibility of legal protection or judicial redress.
Constitutional protections against arbitrary detention and unfair trial (Article 17) and against
torture or cruel, inhuman or degrading treatment or punishment (Article 16) are also not
respected in practice. There is no Constitutional Court to rule on the implementation of the
Constitution or on violations of the Constitution’s human rights protections.
11. International standards violated on the right to religious freedom Under international human rights standards and international treaties to which Eritrea is a
party, Eritrea is under obligation to respect the right to freedom of thought, conscience and
Constitution of Eritrea (1997)
“Every person shall have the right to freedom of thought, conscience and belief”
(Article 19.1)
“Every person shall have the freedom of speech and expression, including
freedom of the press and other media” (Article 19.2)
“Every person shall have the freedom to practice any religion and to manifest
such practice” (Article 19.4)
“All persons shall have the right to assemble and to demonstrate peaceably
together with others” (Article 19.5)
“Every citizen shall have the right to form organizations for political, social,
economic and cultural ends” (Article 19.6)
24 ERITREA: Religious Persecutions
AI Index: AFR 64/013/2005 Amnesty International December 2005
religion, including religious worship, assembly and association. The Universal Declaration of
Human Rights, and the International Covenants on Civil and Political, Economic, Social and
Cultural Rights, as well as the African Charter on Human and Peoples’ Rights, affirm that
everyone is entitled to these rights without distinction of any kind, including religion.
Article 18 of the Universal Declaration of Human Rights states: “Everyone has the
right to freedom of thought, conscience and religion; this right includes freedom to change
his religion or belief, and freedom, either alone or in community with others, and in public or
private, to manifest his religion or belief in teaching, practice, worship or observance”.
Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which
Eritrea acceded in 2002, adds: “No one shall be subject to coercion which would impair his
freedom to have or to adopt a religion or belief of his choice” (Article 18.2). General
Comment no.22 of the Human Rights Committee notes that “policies or practices having the
same intention or effect [i.e. coercion], such as, for example… restricting access to education,
medical care, employment or the rights guaranteed by article 25 … and other provisions of
the Covenant are … inconsistent with Article 18(2)”.
States which have ratified the two International Human Rights Covenants are
required to submit regular reports to the Human Rights Committee on the measures they have
taken to give effect to the rights recognized in the Covenants. Eritrea has failed to submit its
initial reports to the Human Rights Committee which were due on 22 April 2004.
The African Charter on Human and Peoples’ Rights, to which Eritrea acceded in 1999,
states that “Freedom of conscience, the profession and free practice of religion shall be
guaranteed” (Article 8).
The right to religious freedom was elaborated in 1981 when the UN General
Assembly adopted a Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief. The preamble to this Declaration considers that
“religion or belief, for anyone who professes either, is one of the fundamental elements in his
conception of life and that freedom of religion or belief should be fully respected and
guaranteed”. This is expanded in the various articles of the Declaration.
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Amnesty International December 2005 AI Index: AFR 64/013/2005
Article 6 sets out the relevant freedoms relevant to religion:
(a) To worship or assemble in connection with a religion or belief, and to establish and
maintain places for these purposes;
(b) To establish and maintain appropriate charitable or humanitarian institutions;
(c) To make, acquire and use to an adequate extent the necessary articles and materials
related to the rites or customs of a religion or belief;
(d) To write, issue and disseminate relevant publications in these areas;
(e) To teach a religion or belief in places suitable for these purposes;
(f) To solicit and receive voluntary financial and other contributions from individuals
and institutions;
(g) To train, appoint and elect or designate by succession appropriate leaders called for
by the requirements and standards of any religion or belief;
(h) To observe days of rest and to celebrate holidays and ceremonies in accordance with
the precepts of one’s religion or belief;
(i) To establish and maintain communications with individuals and communities in
matters of religion or belief at the national and international levels.
As expressed by the Special Rapporteur on freedom of religion and belief19
, persons deprived
of their liberty have the right to freedom of religion or belief. Article 10, paragraph 1 of the
ICCPR provides that “All persons deprived of their liberty shall be treated with humanity and
19
UN Document A/60/399, paragraph 73.
UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based
on Religion or Belief
“Everyone shall have the right to freedom of thought, conscience and religion. This right
shall include freedom to have a religion or whatever belief of his choice, and freedom,
either individually or in community with others and in public or private, to manifest his
religion or belief in worship, observance, practice and teaching” (Article 1.1 )
"No one shall be subject to discrimination by any state, institution, group of persons or
person on the grounds of religion or belief” (Article 2.1)
“Discrimination between human beings on the grounds of religion or belief constitutes an
affront to human dignity and a disavowal of the principles of the Charter of the United
Nations, and shall be condemned as a violation of the human rights and fundamental
freedoms proclaimed in the Universal Declaration of Human Rights as enunciated in detail
in the International Covenants on Human Rights, and as an obstacle to friendly and
peaceful relations between nations” (Article 3).
Article 4 affirms that States must prevent and eliminate discrimination on the grounds of
religion or belief, and must enact or rescind discriminatory legislation and “take all
appropriate measures to combat intolerance on the ground of religion or belief”.
The Declaration is particularly emphatic on the right to religion or belief within the family
and for children.
26 ERITREA: Religious Persecutions
AI Index: AFR 64/013/2005 Amnesty International December 2005
with respect for the inherent dignity of the human person.” In its General Comment No. 22
(1993) on Article 18 of the Covenant, the Human Rights Committee has stressed that
“[p]ersons already subject to certain legitimate constraints, such as prisoners, continue to
enjoy their rights to manifest their religion or belief to the fullest extent compatible with the
specific nature of the constraint”.
In 1986 the UN Commission on Human Rights appointed a Special Rapporteur on
freedom of religion or belief to “examine incidents and government actions in all parts of the
world which would fall within the provisions of the Declaration and to recommend remedial
measures”. In 2005 the Special Rapporteur's report to the Commission on Human Rights
listed communications sent to the Government of Eritrea in 2004 concerning arrests of
members of the Kale Hiwot church, Full Gospel Church, Rema Church, and others. The
government in February 2004 replied that Jehovah’s Witnesses had not been arrested because
of their religion beliefs but because they refused to participate in the national service program.
Rema church and other church members were detained because they had refused to register
and apply for permits. It said they were held for only 10 days because of the “leniency and
tolerance of the government”, denied they had been ill-treated, and described the charges of
ill-treatment as “only malicious defamations”. Amnesty International considers that the
Eritrean government’s replies to the Special Rapporteur on freedom of religion or belief failed
to address the seriousness of the concerns about violations of right to freedom of religion and
belief.
The Special Rapporteur asked for replies to three other communications and to her
request in 2004 to visit Eritrea – to which she has still received no reply.20
The Special
Rapporteur on the question of torture, the Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression, and the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, also sent urgent communications to the Government
of Eritrea in connection with the case of Jehovah’s Witnesses arrested on 24 January 2004.21
The UN Committee on the Rights of the Child, considering Eritrea’s report on its
implementation of the Convention on the Rights of the Child, expressed concern regarding the
freedom of expression and religion in Eritrea in regard to children: “Noting that the State
party's Constitution guarantees the right to freedom of expression and religion, [it] is
concerned at reports that measures affecting children and young people were taken against
students on religious grounds, indicating that these rights were not duly upheld”.22
In April 2005 the Eritrean government representative told the UN Commission on
Human Rights, in response to criticisms of religious persecution, that the Seventh Day
Adventist Church would soon be given a permit.23
To date, the permit has not been issued to
this religion or three other minority religious groups which officials claimed were about to be
registered, including the Baha’i religion, and they all remain banned.
On the question of registration of religion, Amnesty International does not object to
administrative regulations for registration which are reasonable, practical and in conformity
with international human rights standards. Amnesty International considers that the failure of
the government to process the registration applications made by some minority religious
20
See UN document General Assembly on Elimination of all forms of religious intolerance, 30
September 2005. 21
UN document E/CN.4/2005/61/Add.i, 15 March 2005. 22
Section 29, July 2003, CRC/C/15/Add.204, 2 July 2003. 23
The Seventh Day Adventist Church has had no members arrested, as far as is known.
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groups and to register any of them for the last three years indicates a refusal to recognize the
rights of the minority religious groups and their members to religious freedom. Amnesty
International is deeply concerned that the imposition of registration requirements for minority
religious groups of an extremely restrictive and punitive character has led directly to
widespread arrests, torture, and illegal arbitrary detention of members of religious groups, as
well as other violations of their basic human rights.
Eritrea’s denial of a wide range of basic human rights to Jehovah’s Witnesses violates
a number of principles in the International Covenants on Civil and Political Rights, and on
Economic, Social and Cultural Rights. The government’s actions against Jehovah’s Witnesses
and other minority religious groups are in violation of the government’s obligations under
Article 18 of the International Covenant on Civil and Political Rights, and the principles set
out in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief.
Government’s dismissal of international criticism
The government has frequently reacted dismissively to criticisms of human rights violations,
whether by Amnesty International or other international organizations, including media
organizations concerned about detentions of journalists,24
or by diplomats privately.
Criticisms of religious persecution have been no exception. The government has rarely
responded to Amnesty International members’ numerous Urgent Action appeals or replied to
Amnesty International reports.
▪ On 1 May 2003, a government statement replying to criticisms but without making any
reference to complaints about particular incidents and cases, merely cited what the
Constitution said about the right to freedom of religion."People are free to worship according
to their wish, or to refrain from worshipping or practising religion".25
▪ In December 2003 the Eritrean government described as "scandalous and misleading" the
reference to Eritrea as one of11 countries severely violating religious liberty in the US State
Department's global report on International Religious Freedom in 200326
, but it did not
comment on or attempt to refute any of the facts presented.27
Subsequently in September
2004, the US Government designated Eritrea as a “country of particular concern” under the
International Religious Freedom Act for particularly severe violations of religious freedom.
The US State Department 2005 report on religious freedom in Eritrea was also extremely
critical.28
▪ In April 2005, the Director of the Office of the President said that “one cannot question the
credentials of this country on religious rights and religious tolerance… If a sect assembles
without permission, its members may be arrested for five hours and then let off with a
warning”.29
24
For example, the International Federation of Journalists, Committee to Protect Journalists, Reporters
Sans Frontières. 25
Eritrea Arrests, Conscripts More Protestant Christians, Compass Direct, 1 May 2003. 26
US State Department, Bureau of Democracy, Human Rights and Labour, Article 19, the International
Press Institute, December 2003. 27
www.state.gov. 28
US State Department, Bureau of Democracy, Human Rights and Labour, 8 November 2005,
Amnesty International December 2005 AI Index: AFR 64/013/2005
conditionally released, or if they had escaped from conscription. In addition, they would be
accused of betraying their country by fleeing, and could be punished harshly for that too. In January 2004 the Office of the UN High Commission for Refugees (UNHCR) issued a
general guideline, which is still current, advising against the return of rejected asylum seekers
to Eritrea on account of the poor human rights situation.
13. Amnesty International’s recommendations Amnesty International makes the following recommendations to the Government of Eritrea
concerning the right to freedom of thought, conscience and religion. Recommendations are
also made about aspects of the administration of justice and the rule of law as they relate to
freedom of thought, conscience and religion and prisoners of conscience detained on account
of their religious beliefs.
In particular, as the 25th anniversary approaches in 2006 of the UN Declaration on the
Elimination of All Forms of Intolerance and Discrimination Base on Religion or Belief,
Amnesty International calls on the Government of Eritrea to respond positively to the call of
the UN Special Rapporteur on freedom of religion or belief, addressed to governments and
NGOs around the world, to promote freedom of religion and challenge rising trends across the
world of religious intolerance.
13.1 Religious freedom
The government should publicly affirm the rights to freedom of conscience, religion,
opinion and expression of opinion, movement, assembly and association, in line with
its obligations under international human rights law and as set out in Article 19 of the
Constitution;
All prisoners of conscience, including those imprisoned for their religious beliefs,
should be immediately and unconditionally released;
The government should publicly affirm the prohibition on torture and other cruel,
inhuman or degrading treatment or punishment, in line with its obligations under
international human rights law. In particular, no one should be subjected to torture or
other ill-treatment to force them to cease practising their religion, to deny their faith
or to join another religion;
Children should not be imprisoned on account of their religious beliefs, or their
parents’ religious beliefs;
The government should respect and protect the right to practice a religion, including
meeting for worship and using religious texts and materials, both in civilian and
military life;
Freedom to manifest one’s religion or beliefs should not be subject to limitations,
except for those prescribed by law and necessary to protect public, safety, order,
health or morals or the fundamental rights and freedoms of others;
The requirement for registration of religious organizations should be revised to ensure
that this is not punitive or restrictive of the right to practice a religion;
The government should recognize the right to conscientious objection to military
service. It should introduce provisions without delay for alternative civilian service
which are not punitive or under military control or administration, for those whose
religious, spiritual, moral, humanitarian, philosophical, political or other
conscientiously-held beliefs preclude them from performing military service. An
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independent and impartial decision-making procedure for applying for a civilian
alternative to military service should be established;
The government should end all discrimination against Jehovah's Witnesses on
account of their religion, and ensure that their civil, political, economic and social
rights are respected and protected.
13.2 The administration of justice and the rule of law The following recommendations apply equally to all people deprived of their liberty,
including those detained on account of their religious beliefs.
Torture and other ill-treatment
The President and officials responsible for the administration of justice should
publicly declare their total opposition to torture or other cruel, inhuman or degrading
treatment or punishment. They should condemn these practices unreservedly
whenever they occur and make clear to all members of the police, military and
security services that torture and other ill-treatment are crimes which will not be
tolerated, and ensure that the perpetrators are brought to justice;
The government should ratify the UN Convention against Torture and implement its
provisions, including by ensuring effective training of police, military and security
officials, including their duty to refuse to obey any order to commit torture or other
ill-treatment;
The government should ratify the Optional Protocol to the Convention against
Torture and, in line with its provisions, establish an effective national preventive
mechanism for visiting places of detention;
The use of tying (for example in the “helicopter” torture technique) as a punishment
or as a method of interrogation must immediately end;
All complaints and reports of torture and other ill-treatment should be promptly,
impartially and effectively investigated by a body independent of the alleged
perpetrators. Officials suspected of committing torture or other ill-treatment should be
suspended from active duty during the investigation, and complainants, witnesses and
others at risk protected from intimidation and reprisals;
Victims of torture or other cruel, inhuman or degrading treatment or punishment
should obtain redress and have the right to reparation, including rehabilitation and
compensation.
Arbitrary and unlawful detention
The government should immediately stop the illegal practice of indefinite arbitrary
detention without charge or trial, incommunicado detention and detention in secret
detention centres;
Everyone deprived of their liberty should be allowed to take proceedings before a
court to challenge the lawfulness of the detention;
No one should be subjected to arbitrary or unlawful arrest;
Everyone arrested should be informed of the reason for their arrest and informed
promptly of any charge against them;
Everyone deprived of their liberty should be brought promptly before a judge and
brought to trial within a reasonable time, or released.
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The right to fair trial
Anyone accused of an offence punishable by imprisonment or other significant
penalty, or any other criminal offence, should be treated in conformity with
international standards and entitled to a fair trial in line with Eritrea’s obligations
under the International Covenant on Civil and Political Rights. These include: the
right to prepare and present a legal defence with the assistance of legal defence
counsel; the presumption of innocence; the right of an accused person to be informed
promptly of the charges against them; to have adequate time and facilities for the
preparation of their defence and to communicate in private with counsel of their
choice; the right to a fair and public hearing in their presence and without undue
delay by a competent, independent and impartial tribunal established by law; not to be
compelled to testify against themselves or to confess guilt; and the right of appeal to a
higher court;
The independence of the judiciary must be guaranteed;
No one should be given a prison sentence through an extra-judicial procedure
contrary to the laws and Constitution of Eritrea, as well as principles of the rule of
law;
An independent system of military justice should be established with jurisdiction over
members of the armed forces, including national service conscripts, containing full
guarantees of the right to a fair trial before an impartial and competent court.
Incommunicado or secret detention
No one should be detained except in an officially designated place of custody or
prison. Security prisons such as Karchele prison in Asmara should be brought within
the framework of the prison administration;
The practice of holding prisoners in metal shipping containers must end immediately;
Civilians should not be detained in military premises, such as Sawa army camp, Mai
Serwa, Adi Abeto, Wia, Gelalo, Nakura army camps or others;
An up-to-date register of detainees should be maintained in every prison or other
place of custody. Information about the arrest of any person and where they are held,
including transfers and releases, should be made available promptly to relatives,
lawyers, the courts and others with a legitimate interest. The government should keep
a central register of detainees to enable relatives to trace anyone arrested and prevent
any “disappearance” in custody;
Detainees should have effective access to relatives, lawyers and medical doctors
without delay after arrest and regularly thereafter.
Constitutional and legal safeguards against unlawful detention and "disappearances"
must be immediately implemented, including guaranteeing an effective right to
remedies such as habeas corpus;
Any public official suspected to be responsible for the “disappearance” should be
brought to justice;
All prisoners should be treated humanely and their rights as prisoners respected in
accordance with recognized relevant international standards, particularly the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, and the UN Standard Minimum Rules for the Treatment of All
Prisoners;
The government should open all its prisons and other places of custody to inspection
by appropriate independent humanitarian bodies.
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Human rights observance
Amnesty International renews its call on the President and Government of Eritrea to
institute reforms and practises which will establish respect for human rights in Eritrea.
The Government of Eritrea should ensure that human rights are respected and
protected by the government and enjoyed by all individuals within its territory and
subject to its jurisdiction;
The government should comply with requirements to report to the bodies responsible
for monitoring implementation of the international human rights treaties to which
Eritrea is a party. It should respond positively to any requests for information made
by UN independent experts, including the Special Rapporteurs on the promotion and
protection of the right to freedom of opinion and expression, and on freedom of
religion or belief, and extend invitations to those independent experts to visit Eritrea;
Individuals should be allowed to exercise effectively their right to freedom of
association, and in particular to form and join independent human rights organizations
and carry out the work of promoting and protecting human rights without fear of
reprisal. The government should recognize the legitimate role of human rights
defenders as set out in the UN Declaration on Human Rights Defenders. The
government should allow free and open access to the country by international human
rights organizations, including Amnesty International.
13.3 Recommendations to the international community
Amnesty International calls on the international community - the UN and its
specialized agencies, the African Union, the European Union and other countries with
specific bilateral ties with Eritrea - to support these recommendations in their
relations with the Government of Eritrea, and to give special attention to protecting
and promoting human rights, including the rights to freedom of thought, conscience,
religion and belief;
Amnesty International calls on all governments to ensure that Eritreans who have fled
abroad are given access to asylum procedures and have their application fairly and
efficiently assessed. Amnesty International urges governments not to forcibly return
any rejected Eritrean asylum seekers to Eritrea due to the poor human rights situation.